Fideicomiso in Mexico: Costs, Fees and How It Works

A fideicomiso is the bank trust that lets a foreign buyer hold residential property on Mexico's coasts and near its borders. It sounds bureaucratic, but it is a mature, standardised structure: the bank holds title and you keep every practical right of ownership. This guide covers the fideicomiso Mexico cost picture for 2026, from the official SRE permit fee to bank charges, and how the trust works over 50 years and beyond. It is part of our guide to buying property in Mexico as a foreigner.

What a fideicomiso is

A fideicomiso en zona restringida is a trust contract with three parties:

The settlor (fideicomitente), usually the seller, who transfers the property into the trust.
The trustee (fiduciario), a Mexican bank or other financial institution authorised by the banking regulator (CNBV). Only authorised institutions can act as trustees in Mexico. Individuals and private trust companies cannot.
The beneficiary (fideicomisario): you, the buyer, together with any substitute beneficiaries you name.

The Foreign Investment Law (LIE) describes your rights as the "use and enjoyment" of the property. Article 12 spells this out: the right to use the property and to receive its fruits, products and any income from operating it, whether through third parties or through the trustee bank. In practice, that means you can live in it, rent it out, renovate it, build on it and sell it.

The bank cannot sell or encumber the property without your written instruction. The trust assets are not part of the bank's own estate, so if the bank runs into difficulties, the trust is transferred to another institution.

Who needs one: the restricted zone

Article 27 of the Constitution bars foreigners from holding direct title to land within 100 km of the borders or 50 km of the coast. This strip is the restricted zone. Under Article 11 of the LIE, a bank needs a permit from the Secretaría de Relaciones Exteriores (SRE) to hold property in the zone in trust for a foreign individual or company.

You need a fideicomiso if all three of the following apply:

you are a foreign individual, or a foreign company;
the property is inside the restricted zone; and
you are not buying through a Mexican company for a non-residential purpose (see the last section).

In Quintana Roo, this covers the main markets: Cancún, Playa del Carmen, Tulum and Bacalar. A residential example is the 6,000 m² titled lagoon-front lot of Bacalar para Visionarios. Another is Casa Selva Alta in Tulum, a house in pre-sale. In a pre-sale, ask the developer when the trust will be set up and who pays for it.

The trust can only hold land with clean, private title. Ejido parcels cannot go into a fideicomiso until they have been converted to private property and registered. Our guide to ejido vs titled land explains why.

Setup and annual fees: the fideicomiso cost in Mexico

The cost has three layers: the government permit, the bank's fees, and the notario's work at closing.

Item	Amount	Type
SRE permit to set up a trust in the restricted zone	MX$21,650	Official fee, 2026
SRE permit to amend a trust (for example, to change its purpose)	MX$595 review + MX$9,740 issue	Official fee, 2026
Bank setup (acceptance) fee	about US$500–1,000	Broker estimate
Annual trustee fee	about US$500–900 a year	Broker estimate
Notario fees for the whole purchase	about US$2,000–8,000	Broker estimate, scales with price

The SRE figures come from the ministry's own 2026 fee table, based on Annex 19 of the 2026 Miscellaneous Tax Resolution. The SRE notes that they change with the Federal Duties Law, so check the current figure close to closing.

What the annual fee does and does not cover

The annual fee pays the bank to administer the trust: keeping records, issuing instructions and filing its reports. It does not include predial, the municipal property tax, which you pay separately to the municipality. Our guide to closing costs in Quintana Roo shows how the trust costs fit alongside the acquisition tax (ISAI), which runs from 2% to 4% depending on the municipality, and other closing items.

Choosing a trustee bank

Pricing matters, but so does service. Over the life of a trust you will need the bank to act on instructions: to rent, to sell, or to add or change beneficiaries. Ask each bank how long those instructions take, what each one costs, and whether it charges in pesos or dollars.

The 50-year term and renewal

Article 13 of the LIE sets a maximum term of 50 years. The same article says the term "may be extended at the request of the interested party". Mexican law firms describe the trust as renewable indefinitely.

Renewal is an SRE procedure. The 2026 SRE fee table lists the permit to extend a trust at MX$595 for review plus MX$9,740 for issue when filed on time. A late filing costs MX$10,615. Mark the renewal date in your estate documents and with your heirs, and start the process well before the term ends.

A buyer does not have to inherit the remaining years. Depending on the deal, the buyer either takes over the existing trust or a new trust is set up with a fresh term. The notario will advise on cost and timing.

Selling, inheriting and naming beneficiaries

Naming beneficiaries

When the trust is created, you name one or more substitute beneficiaries (fideicomisarios sustitutos). On your death, the bank transfers the beneficial rights to them under the terms of the trust. This avoids a full Mexican probate proceeding for that property. You can change the substitutes later by instructing the bank. Ask the bank whether the change needs a notario. Keep the designation consistent with your will at home.

Selling

To sell, you instruct the bank in writing. The transaction is formalised before a notario público. The buyer either takes an assignment of your beneficiary rights or receives the property into a new trust. The bank must approve the transfer, and it charges for the work.

Tax on the sale follows the seller's tax residence. A non-resident pays 25% of the gross price, or can opt for 35% of the net gain under Article 160 of the Income Tax Law. The notario calculates the tax and pays it within 15 days of signing. See Mexico property taxes for foreigners for more.

Fideicomiso vs Mexican corporation for commercial land

Article 10 of the LIE gives a second route. A Mexican company whose bylaws admit foreign shareholders can own property in the restricted zone directly, as long as the property is used for non-residential activities. Instead of a permit, the company notifies the SRE within 60 business days of the purchase. The 2026 SRE fee is MX$1,475 for an on-time notice and MX$11,330 for a late one.

	Fideicomiso	Mexican corporation
Best suited to	Homes, residential lots, holiday rentals	Commercial land, hotels, development projects
Title	Held by the trustee bank	Held by the company
Term	50 years, renewable	No term
Government step	SRE permit (MX$21,650)	SRE notice (MX$1,475 on time)
Running costs	Annual trustee fee	Accounting, tax returns, corporate governance
Exit	Assignment of trust rights or a new trust	Sale of the property or of the shares

A company makes most sense when the land itself will run a business. The three commercial lots on Av. Kantenah in Playa del Carmen are an example: they carry CU-C commercial land use for up to three levels. A company is not a shortcut for a private home, because the law limits it to non-residential use within the zone. For more on commercial plots, see commercial land in Playa del Carmen.

The structure should follow the business plan, so settle the plan with a Mexican corporate lawyer and an accountant before you choose.

Questions investors ask

How much does a fideicomiso cost in Mexico?

The SRE permit fee is MX$21,650 in 2026. Bank setup fees are estimated at about US$500–1,000, and annual trustee fees at about US$500–900, depending on the bank.

Who owns the property in a fideicomiso?

The trustee bank holds title, but only for your benefit. You keep the right to use, rent, improve, sell and pass on the property, and the bank cannot dispose of it without your instruction.

What happens when the 50-year term ends?

The beneficiary can ask the SRE to extend it under Article 13 of the Foreign Investment Law. In 2026 the extension costs MX$595 for review plus MX$9,740 for issue if filed on time.

Can I name heirs in a fideicomiso?

Yes. You name substitute beneficiaries in the trust, and on your death the bank transfers the rights to them without a full Mexican probate proceeding for that property.

Does the annual trust fee include property tax?

No. Predial is a municipal tax paid separately to the municipality where the property is located.

Can a Mexican corporation replace a fideicomiso?

Only for non-residential use. A Mexican company with foreign shareholders can own property in the restricted zone directly for non-residential activities and must notify the SRE within 60 business days.

Sources

This guide is general information, current as of October 2026, and is not legal or tax advice. Laws, rates and thresholds change; confirm every figure with a notario público or an independent Mexican attorney before you act.